D.O. v. TD Insurance Meloch Monnex (16-000142)

The claimant was a fetus at the time of the accident. The mother was 6 months pregnant at the time. After the MVA, the mother gave birth 2 months premature. 3 weeks after birth the claimant was discharged from the hospital; however, following the discharge she experienced difficulty swallowing and encountered choking episodes. As a result, the claimant, through her litigation guardian/mother, sought attendant care benefits. The insurer asserted the MVA did not cause the premature birth and the subsequent GERD syndrome (digestive condition) was not as a result of the MVA. Adjudicator Leslie concluded that the claimant failed to meet the burden that the MVA caused her condition and denied entitlement.